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HomeMy WebLinkAboutA010 - Proof of publication dated December 4, 2012 i CITY OF 0 004M, Ames," Smart Choice October 25,2013 Deery,Deery,and Deery,LLC PO Box 547 Cedar Falls, IA 50613 Deery, Deery,and Deery,LLC 200 S. Gear Avenue West Burlington, IA 52655 Dear Sirs: I am writing to provide you with a reminder about the Development Agreement between the City of Ames and Deery, Deery, and Deery, LLC regarding the Deery Brothers development on SE 16`" Street in Ames, Iowa. The agreement was executed by the City Council on October 23, 2012 and identifies several action items that must be completed within two years in order for the development to qualify for a tax abatement under the urban revitalization portion of Iowa Code and City of Ames policies. The effective date of the agreement is October 23, 2012. Within two years of the effective date (by October 23,2014),Deery Bros. must do the following: ➢ Construct the improvements as shown on.the approved urban revitalization plan. These improvements include the buildings, grading, landscaping, parking, borrow pit, and channel straightening. All improvements as shown on the site plan must be completed although a CO does not actually have to have been issued. ➢ In order to construct the channel straightening improvements, Deery must obtain approvals from the IDOT, IDNR, and Army Corps of Engineers. Once those approvals are obtained, Deery will need a local flood plain development permit issued by staff. ➢ Upon completion of the project, Deery will need to complete an urban revitalization tax exemption form. That form will be used to determine whether the criteria of the SE 16th Street Urban Revitalization Policy have been met. Deery will need to include the following: ■ An Elevation Certificate, prepared by a licensed engineer, architect, or surveyor, showing the lowest finished floor of all the buildings are at least 888'NGVD 29. 437H1 }s qs , k. :,^ 7#„k ,,. M. ti� ro � s, ;t d� . a 4 d '^` 1NN+�a��*�,�i©'�1����`n� ,• �' s '�. ■ Documentation to Finance Director of the total costs of fill and flood mitigation (actual invoices and proof of payment). Only costs associated with importing fill after February 14, 2012 can be counted and total cost of fill and flood mitigation must be equal to or greater than the value of City's portion of tax exemption. ■ Statement by a licensed engineer that certifies that the flood mitigation improvements(the channel straightening)will "mitigate flooding." ■ A letter of credit in the amount of $300,000 to cover any possible "clawback" requirements in the event of any "Disqualifying Conditions," such as inability to obtain approvals for the channel straightening project, that the engineer cannot certify that the improvements "mitigate flooding," that the total costs of the fill is not equal to or greater than the City's portion of the tax exemption, or any of the prohibited uses are established on the site. I provide this letter as a courtesy reminder of your obligations and to offer any assistance if you need it in meeting or understanding any of the criteria. Please contact me upon receipt of this letter so that I can be assured the appropriate party has received it. If you have any further questions or need any assistance, feel free to contact me at 515-239-5400 or at ckuester@city.ames.ia.us. Sincerely, Charlie Kuester Planner CC: Steve Schainker, City Manager Kelly Diekmann, Planning and Housing Director Judy Parks,City Attorney Duane Pitcher, Finance Director S:\PLAN—SHR\Staff\Charlie\Drvelopment Agreements\Deery_Anniversary-10-25-13.docx